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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1997 Page 1 of about 92 results (0.038 seconds)

Dec 12 1997 (HC)

The Commissioner of Income Tax (Central-ii), Kolkata Vs. M/S. Bhartia ...

Court : Kolkata

Decided on : Dec-12-1997

Reported in : (1998)1CALLT306(HC),[1998]232ITR785(Cal)

..... being carried out or not. we find ourselves in agreement with the view expressed by the tribunal and for the reason indicated herein below.3. under section 35cca of the income-tax act, every assessee who incurs any expenditure by way of any sum which he donates to an association or institution which has as its object the undertaking of any programme of ..... . the facts are indeed very short and simple. the assessee claimed deduction under section 35cca of the income-tax act in respect of two donations of rs. 7,50,000/- each made by the assessee to two institutions, namely jayshree gram vlkash trust and jagannath rural development kendra. the deductions ..... has been referred for our opinion :--'whether, on the facts and in the circumstances of the case, the tribunal was justified in allowing the deduction under section 35cca of the income-tax act for rs.15,00,000/- in respect of donations of rs.7,50,000/- each to m/s. jayashree gram vikash trust and m/s. jagannath rural development kendra?'2 ..... on which the deductions were disallowed were perhaps motivated because of the lack of response for these two institutions after notices under section 131 of the income tax act were issued to them. it was found by the income-tax authorities that these two institutions were not responding to these notices and therefore it was presumed that the institutions were non-existent. coupled with that .....

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Nov 28 1997 (HC)

Commissioner of Income-tax Vs. Air Survey Co. of India (P.) Ltd.

Court : Kolkata

Decided on : Nov-28-1997

Reported in : [1998]232ITR707(Cal)

..... and aero-magnetic photography done for the surveyor-general of india and the atomic mineral division of government of india. the assessee claimed investment allowance under section 32a of the income-tax act, 1961, in respect of the aircraft-radio purchased in the previous year relevant to assessment year 1982-83. the inspecting assistant commissioner (assessment) rejected the assessee's claim on the ..... was entitled to investment allowance under section 32a on the aircraft radio ?'2. the answer to this question revolves around the interpretation to be put to section 32a of the income-tax act, 1961, particularly, the expression 'manufacture or production of any article or thing' as occurring in sub-section (2) of that section.3. the assessee is air survey co. of india ..... assessee could not be called as manufacture or production and that in the nature of the assessee's business no thing or article was produced as such. the commissioner of income-tax (appeals) upheld the aforesaid finding of the inspecting assistant commissioner. the tribunal, in appeal, however, reversed the aforesaid finding and allowed the relief in favour of the assessee by ..... the tribunal is correct. we are fortified by two bench decisions on the point, one of the rajasthan high court in the case of cit v. trinity hospital and the other of the kerala high court in the case of cit v. upasana hospital : [1997]225itr845(ker) .5. the question is accordingly answered in the affirmative and in favour of the assessee. .....

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Dec 17 1997 (HC)

Commissioner of Income-tax Vs. Smt. Nandini Nopany

Court : Kolkata

Decided on : Dec-17-1997

Reported in : [1998]230ITR679(Cal)

..... assessment year involved is 1984-85 for which the previous year ended on march 31, 1984. the assessment was completed under section 143(3) of the income-tax act, 1961 on january 27, 1987. 3. during the relevant previous year, the assessee was the proprietor of a concern known as nandini traders in which ..... sold by the assessee, in our opinion, was not correct. we are of the view that the tribunal rightly upheld the finding of the commissioner of income-tax (appeals). it is not a case where any understatement of value or misstatement of value of the shares sold was made by the assessee. this is ..... our opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the order of the commissioner of income-tax (appeals) in deleting the addition of rs. 7,57,076 made by the assessing officer on account of transfer of shares made by the assesseeto vishwa mangal ..... the difference of the value by fraudulent means. there was no evidence direct or inferential, nor was there any finding by any income-tax authority that the assessee indulged in such a practice. we are fortified in our view by a judgment of the supreme court in the case of ..... assessee by the assessing officer. 7. being aggrieved, the revenue filed an appeal before the tribunal. the tribunal upheld the finding of the commissioner of income-tax (appeals) by agreeing with the contentions. thus, under those circumstances, the aforesaid question of law has been referred to us for our opinion. 8 .....

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Jan 09 1997 (HC)

Commissioner of Income-tax Vs. R.M. Investment and Trading Co. (P.) Lt ...

Court : Kolkata

Decided on : Jan-09-1997

Reported in : [1997]225ITR537(Cal)

..... . 7,50,000 paid by the assessee to sri n. k. tapuriah, a director of the company did not fall within the purview of section 40(c)(i) of the income-tax act, 1961, and thereby deleting the addition of rs. 6,48,000 made in the assessment ?' 2. the facts giving rise to the above two questions are these that under an ..... v.n. khare, c.j. 1. this is a reference under section 256(1) of the income-tax act, 1961, for the assessment year 1985-86, at the instance of the commissioner of income-tax, west bengal-ill, calcutta. the income-tax appellate tribunal, calcutta, has referred the following two questions for answer to this court :' (1) whether, on the facts and in the circumstances of the case ..... as in the assessment year 1984-85 and claimed expenses against the receipt as in that year. the assessing officer disallowed the claim. on appeal both the learned commissioner of income-tax (appeals) and the tribunal upheld the claim of the assessee. it is in this background the abovequoted two questions have been referred to us for answer.3. learned counsel appearing ..... and against the department.8. so far as question no. 2 is concerned, it is admitted between the parties that it stands concluded by a decision in the case of cit v. r. m. investment and trading co. p. ltd. 0065/1993 : [1994]209itr121(cal) . in view of this, we answer this question in the affirmative and against the department.9 .....

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Jan 10 1997 (HC)

Deputy Commissioner of Income-tax and ors. Vs. Central Concrete and Al ...

Court : Kolkata

Decided on : Jan-10-1997

Reported in : [1999]236ITR595(Cal)

..... company carries on a business in civil engineering and construction work. the method of accounting of the said company is mercantile and the said company is also a regular income-tax assessee under the income-tax act, 1961. the assessment year involved is 1988-89 corresponding to the accounting year ending on september 30, 1987. 3. the respondent/writ petitioner company used to compute the ..... liable to be struck down as offending article 14 of the constitution of india and in any event in the absence of sub-section (4) of section 244a of the income-tax act the right to interest could not be implied and could not be said to be a part of procedure. accordingly, even if sub-section (4) of section 244a was not ..... for earlier years one is not entitled to get such concessions and deductions, but in later years they are entitled. this sort of treatment is a peculiar feature under the income-tax act and this is dependent on the economic wisdom which is within the exclusive province of the legislature. 31. in middleton v. texas power and light company [1918] 249 us 152 ..... not necessary to go into the facts in detail inasmuch as the question involved in this case is that whether prior to insertion or introduction of section 244a of the income-tax act, interest is payable and/or could be demanded from the revenue by the assessee in case of any additional or excess amount deducted or collected at source under section 206c .....

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May 23 1997 (HC)

Hum Boldt Wedag India Ltd. and ors. Vs. Assistant Commissioner of Inco ...

Court : Kolkata

Decided on : May-23-1997

Reported in : [1999]236ITR845(Cal)

..... ., to the assessing officer. thereafter, the impugned order dated march 29, 1996, was passed in terms of sections 147 and 148 of the income-tax act including the aforesaid income of rs. 8,52,000 for the assessment year 1983-84. it is against this order that the petitioners have filed this petition under article 226 of the constitution ..... of it that the petitioners should not be asked to avail of the alternative remedy.4. section 147 of the income-tax act authorises and permits an assessing officer to assess or reassess income chargeable to tax if he has reasons to believe that the said income for any assessment year has escaped assessment. the expression 'escaped assessment' clearly connotes a very basic postulate that the ..... that income for the assessment year 1983-84 has escaped the assessment and that he wanted to reassess this income for the said assessment year. the petitioners were called upon to deliver the documents, etc ..... , the assessing officer once again came to a conclusion that the income of rs. 8,52,000 was to be included in the assessment year 1984-85 and accordingly passed an appropriate order.2. the assessing officer issued a notice on march 28, 1994, under section 148 of the income-tax act whereby it communicated to the petitioners that he has reasons to believe .....

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Nov 17 1997 (HC)

Salboni Hatcheries and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Nov-17-1997

Reported in : [1998]232ITR612(Cal)

..... have an alternative remedy and as such this writ court should not entertain this writ application. the writ petitioners shall take recourse to the law which is provided under the income-tax act, 1961.10. however, i made it clear that i have not gone into the merits of the case at this stage, since i have found that there is an alternative ..... -96 is to be made as per return submitted and whose returns of (sic) are being exempted by the said circular from sample scrutiny under section 143(3) of the income-tax act, are being satisfied by petitioner no. 1. the petitioners reasonably expected that the assessment of the petitioner's firm should be completed in terms of the said circulars and/or ..... petitioners have a right to appeal before the tribunal and they have an alternative remedy which is specifically prescribed under the income-tax act, 1961.8. i have considered the facts and circumstances of this case and also the sections of the income-tax act, 1961, and i have found that the writ petitioners have an alternative remedy to prefer an appeal to the appellate tribunal ..... to procedure to be adopted in the case of such sample scrutiny for the said assessment year, unlawfully assessed the petitioner's return of income for the assessment year 1995-96 under section 143(3) of the income-tax act, 1961.4. thereafter, the assessment was completed under section 143(3) for the assessment year 1995-96. thereafter, the petitioner duly filed an appeal .....

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Dec 12 1997 (HC)

Commissioner of Income-tax Vs. Smt. Joytsna Poddar

Court : Kolkata

Decided on : Dec-12-1997

Reported in : [1998]232ITR759(Cal)

..... the observations made by him. while exercising his revisional power under section 263 of the income-tax act, the commissioner of income-tax made observations with regard to the nature of the transfer of the shares by the assessee to akshoy trading pvt. co. ltd., ..... whether, on the facts and in the circumstances of the case, the tribunal was right in setting aside the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961 ?' 2. the facts giving rise to the aforesaid reference, briefly stated, are that the assessee, a resident individual, transferred in ..... the ratio in the case of mcdowell and co. ltd. v. cto : [1985]154itr148(sc) , the commissioner of income-tax passed an order under section 263 of the income-tax act setting aside the entire assessment order passed by the assessing officer and directing him to pass a fresh assessment order based on ..... and held that this was a device used by the assessee to deprive the revenue of the income-tax by way of yearly income every year and for the next ten years or thereabout. 4. on appeal the tribunal set aside the order of the commissioner ..... by holding that the transfer of the shares by the assessee to akshoy trading co. pvt. ltd. was by way of a part of tax planning and that since the transfer was a genuine act .....

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Apr 11 1997 (HC)

Union of India (Uoi) and ors. Vs. Alok Kumar Chamaria and ors.

Court : Kolkata

Decided on : Apr-11-1997

Reported in : (1997)2CALLT101(HC),[1998]231ITR674(Cal)

..... the disputed property is concerned.12. the central government by compulsory purchase of all the interests of the lessee, under section 269ue(1) of the income-tax act has stepped into the shoes of the lessee, i.e., lipton india limited, and as such, all the terms and conditions contained in the ..... free from all encumbrances' as ultra vires article 14 of the constitution of india which led to the amendment of section 269ue(1) of the income-tax act by the finance act, 1993, with effect from november 17, 1992, deleting the said expression 'free from all encumbrances', the union of india cannot take advantage ..... sale of the disputed property by the union of india, the expression 'free from all encumbrances' was there in section 269ue(1) of the income-tax act, but as the auction sale could not take place pursuant to such notification due to the injunction granted by the civil court in the year 1990 ..... , vest in the central government free from all encumbrances' (emphasis* added).9. the said section 269ue(1) along with several other sections of the income-tax act came up for consideration before the supreme court of india and the apex court in its decision in the case of c. b. gautam v. union ..... .e., respondent no. 2. on january 6, 1989, a form, i.e., 37-i was filed under section 269uc of the income-tax act, 1961, read with rule 48l of the income-tax rules before the appropriate authority. that form was signed by lipton india limited, alok kr. chamaria, smt. prativa chamaria and parijat investment .....

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Nov 21 1997 (HC)

Director of Income-tax (Exemption) Vs. Shilpam

Court : Kolkata

Decided on : Nov-21-1997

Reported in : [1998]230ITR126(Cal)

..... referred is as follows :'whether, on the facts and in the circumstances of the case, the tribunal is justified in allowing exemption under section 11(4a) of the income-tax act, 1961, when the income-tax officer denied the same for the assessee's failure to fulfil the conditions prescribed in the said section ?'2. the learned appellate assistant commissioner and the tribunal have taken ..... the view that section 11(4a) of the income-tax act permits the charitable institution the benefit of exemption even if some profit is earned in the bargain. the learned income-tax officer had refused to grant exemption under section 11 on the ground that the sale of books, etc., by which a ..... profit was earned by the institution could not be considered as charitable purpose.3. the supreme court in the case of cit v. andhra pradesh state road transport corporation : [1986]159itr1 ..... (sc) has clearly observed that the predominant object of the activity, whether it is to carry out a charitable purpose or to earn profit, is of prime consideration in deciding the question of exemption under section 11 of the act. according to their lordships if the .....

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